Air permit public notices
According to the Air Quality Control Commission’s Regulation 3, some permits require public notice.
These permits can be:
- Construction permits.
- Operating permits.
- Other preconstruction permits.
During a public notice period, we post the public notice, draft permit, and any calculations/analysis documents on this page and request written comments from the public.
If you would like to submit a public comment, please first review our Public Participation Guidance. If you have any questions, general comments, or would like to send us additional information, contact us at email@example.com.
1. Construction permits
Construction permits require public notice for reasons listed in Regulation 3 Part B, III.C. The most common reasons are:
- New emission limits and/or limit increases in the draft permit trigger the requirement for public comment (25 tons per year in a nonattainment area or 50 tons per year in an attainment area).
- The source could possibly emit odor above the limits found in the Air Quality Control Commission Regulation 2.
- The source emits hazardous air pollutants at a level that requires them to follow the National Emissions Standards for Hazardous Air Pollutants (NESHAPS).
- The source is requesting a federally enforceable limit on potential emissions in order to keep yearly emissions low enough to not trigger other regulatory requirements.
- The division decides that public comment is warranted. This decision may be based on the length of time of the operation, its location, the type and projected amount of emissions, likelihood of public concern, or other relevant factors.
If all emission standards and ambient air quality standards are met, we will grant an Initial Approval permit. The Initial Approval permit allows the source to construct and start operation. The source must start construction within 18 months from the date of issuance or the permit can automatically expire.
2. Operating permits
Draft operating permits are published on our website and comments are requested for the following permit types:
- Significant modifications
- Initial permits
- Renewal permits and reopenings
3. Other preconstruction permits
All preconstruction permits that include Prevention of Significant Deterioration (PSD) and/or Nonattainment New Source Review Requirements (NANSR) are published on the division’s website and comments from the public are requested.